The petition further charges “that the Levee Board or successors, in making certain necessary repairs and maintenance to and of the said levee, in pursuance of said prior conveyance and deed to said board, .took possession of all or almost the entire portion of land which the defendant had conveyed and warranted to the plaintiff, and made many large and deep excavations thereon, using the soil therefrom to re-construct and maintain the said levee; and plaintiff states that by reason of the said large and deep excavations, in the maintenance of *620the said levee, on the said land so conveyed to the plaintiff, the value of the land was and is wholly destroyed ; and the plaintiff says that by reason of the said prior conveyance so made by the defendant to the said Levee Board, conveying it and its successors perpetual right to use the said land in constructing and maintaining said levee, the title and use and value of the land so conveyed to the plaintiff is destroyed, and the same is wholly without value to the plaintiff or at all. ’ ’